Labour Disputes as per UAE Labour Law
As per the Chapter 9 Article 154 of UAE Labour Law Collective Labour Disputes refers to the dispute between employer and employee concerning common interests for all or part of the employees in an establishment , certain firm, occupation, trade or professional sector.
As per the Article 155 In case of a dispute between the employee and the employer, and both parties fail to reach an amicable settlement the following steps shall be taken:
1. The employees shall submit their complaint in writing to the employer and simultaneously dispatch a copy thereof to the Labour Department.
2. The employer shall reply in writing to the complaint or claims of the employees within seven working days from date of receipt of the complaint. A simultaneous copy thereof shall be submitted to the Labour Department at the same time.
3. If the employer fails to submit his reply to the complaint within the fixed period or if his reply does not result in settlement of the dispute, the competent Labour Department of its own motion or at request of either party shall mediate to settle the dispute amicably.
4. If the complaint is made by the employer, he must submit the complaint directly to the Labour Department to mediate for an amicable settlement of the dispute.
As per the Article 156 if the meditation of the competent labour department doesn’t lead to a settlement of the dispute within 10 days from the date of its taking cognizance of the issue in dispute, it shall refer the dispute to the competent conciliation committee for determination and shall accordingly inform both parties in writing.
As per the Article 157 A committee to be called the conciliation committee, shall be set up within each labour department by resolution of the Minister of Labour and Social Affairs
As per the Article 158 Each party to a dispute shall pursue the dispute before the conciliation committee until a settlement is reached; the committee shall issue its decision by majority vote within two weeks from the date the dispute was referred to it. Such decisions shall be binding on both parties if they have agreed in writing before the committee to be bound by its decisions. In the absence of such agreement, either party or both of them may appeal against the committee’s decision to the Supreme Arbitration Board within 30 days of the date on which the decision was given; otherwise, the decision shall become final and enforceable.
As per the Article 159 Rescission of employment contract or dismissal of the employees’ representatives who are members of the Conciliation Board shall not prevent performance of their duties on the Board unless the employees elect other representatives.